Man convicted of killing wife after she filed for divorce seeks new trial

Man convicted of killing wife after she filed for divorce seeks new trial

Lawyers for James Robarge question reliability of cellphone evidence

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Updated: 6:24 PM EDT Apr 11, 2017

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WEBVTT STILL VERY REAL, AND VERYPERSONAL.>> I THINK --HE WAS MY BEST FRIEND.REPORTER: IT'S BEEN ALMOST FOURYEARS SINCE HIS SISTER WASMURDERED.BUT FOR RON PROUTY JR., WHOASKED US NOT TO SHOW HIS FACE,THE GRIEF IS AS REAL ASYESTERDAY.>> SHE WAS MY ONLY SISTER, WEDID EVERYTHING TOGETHER.AND TO SEE HIM TAKE HER FROM US,IT'S JUST NOT RIGHT.REPORTER: JAMES ROW BARGE WASCONVICTED OF KILLING HIS WIFEKELLY IN 2013 ON THE DAY SHEFILED FOR DIVORCE.TODAY HE TOOK HIS CASE TO THESUPREME COURT, LOOKING FOR A NEWTRIAL.ONE ISSUE HIS LAWYERS ARGUE ISTHAT CELL PHONE EVIDENCEPRESENTED TO THE JURY WASUNRELIABLE.EVIDENCE THAT PLACED ROBARGENEAR WHERE PROSECUTORS SAY HEBEAT KELLY TO DEATH.>> THE ERROR HERE WAS NOTHARMLESS BECAUSE THIS WAS ACIRCUMSTANTIAL CASE.NO WITNESS SAW MR. ROW BARGEWITH THE VICTIM ON THAT DAY, NOWITNESS SAW HIM WITH HER BODY,AND NO WITNESS SAW HIM AT THESPOT WHERE HER BODY WAS LATERFOUND.REPORTER: BUT PROSECUTORS SAYTHEIR CIRCUMSTANTIAL CASE WASOVERWHELMING, WITH BLOOD ANDD.N.A. TYING ROBARGE TO THEMURDER, AND THAT THE CELL PHONEEVIDENCE WAS JUST ONE LINK INTHE CHAIN THAT POINTED DIRECTLYAT HIM.>> THIS IS TECHNOLOGY THAT HASPROVEN TO BE A VERY IMPORTANTTOOL TO LAW ENFORCEMENT ININVESTIGATING CRIMES AND HELPINGFIND MISSING PERSONS.SO THE STATE'S POSITION HAS BEENTHAT WE HAVE AT FILED OURBURDENS TO SHOW THAT THISEVIDENCE IS RELIABLE.REPORTER: THE SUPREME COURT ISEXPECTED TO MAKE A DECISION INTHIS CASE IN ABOUT THREE TO SIX

Man convicted of killing wife after she filed for divorce seeks new trial

The state Supreme Court is considering the appeal of a Charlestown man who was convicted of killing his wife the day she filed for divorce.

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James Robarge is serving 30 years in prison, but his lawyers are questioning some of the evidence that led to his conviction.

While lawyers argued over the reliability of evidence Tuesday, the brother of victim Kelly Robarge said the case is still very real and very personal.

"All I think about is her," Ron Routy Jr. said. "She was my best friend."

It has been almost four years since his sister was murdered, but Prouty said the grief is as real as if it happened yesterday.

"She's my only sister," he said. "Me and her did everything together, and then to see him take her from us. It's just not right."

James Robarge was convicted of killing his wife in 2013 on the day she filed for divorce.

In his request for a new trial Tuesday, his lawyers argued that the cellphone evidence presented to the jury was unreliable. The evidence placed James Robarge near where prosecutors said he beat Kelly Robarge to death.

"The error here was not harmless, because this was a circumstantial case," defense attorney Stephanie Hausman said. "No witness saw Mr. Robarge with the victim on that day. No witness saw him with the body, and no witness saw him at the spot where her body was later found."

Prosecutors said that the circumstantial case is overwhelming, with blood and DNA tying James Robarge to the killing. Assistant Attorney General Sean Locke said the cellphone evidence was just one link in a chain that pointed directly at him.

"This is technology that has proven to be a very important tool for law enforcement investigating crimes and finding missing persons, and so the state's position is we have satisfied our burden to show this is reliable," Locke said.

The Supreme Court is expected to make a decision on the case in three to six months.